Delhi High Court restrains illegal dissemination of Salman Khan's Radhe, directs WhatsApp to forthwith suspend infringing accounts

The Delhi High Court has directed WhatsApp to forthwith suspend the accounts who are illegally and unauthorisedly sharing, selling the pirated copy of cinematograph film ‘Radhe: Your Most Wanted Bhai’. (Zee Entertainment Enterprises vs Tajendra Mpodi & Ors).The Court has also restrained private individuals from unauthorisedly storing, reproducing, communicating, disseminating, circulating, copying, selling, offering for sale or making available copies of the film on WhatsApp or any other platform. .The interim order was passed by a Single Judge Bench of Justice Sanjeev Narula. .Zee Entertainment (Plaintiff) moved the High Court after it became aware that several infringing/illegal copies of the film, as well as various video clips, were being created, stored unlawfully reproduced, transmitted, circulated, shared, sold etc for illegal and unauthorised viewing, download and storage to public at large by individuals on several social media platforms including WhatsApp..The Plaintiff stated that it was the exclusive licensee and holder of various exploitation rights in the film. .The Court was informed that the Plaintiff even filed a complaint before the Inspector General of Police, Maharashtra Cyber Digital Crime Unit against known and unknown persons. .The plaintiff argued that WhatsApp's Terms of Service clearly provided that WhatsApp users could not use the services for violation of intellectual property rights, and therefore, the accounts breaching the terms should be suspended, and ultimately terminated..The Court noted that the printouts of the WhatsApp communications of the infringing parties revealed that the account holders were selling pirated copies on receipt of payment.."These messages clearly suggest that these particular accounts in question, are ex facie being used in complete violation of the terms of the policy of Defendant No. 9 and are infringing the copyright of the Plaintiff.", the Court observed. .It thus concluded that the Plaintiff had established a prima facie case in its favour and the balance of convenience also lies in its favour as an irreparable loss would be caused if an ex-parte interim injunction is not granted..The Court thus ordered, "Accordingly, till the next date of hearing, Defendant Nos. 1 to 8 and 13, their servants, agents, legal representatives, heirs and any other person acting for or on their behalf are restrained from unauthorisedly storing, reproducing, communicating, disseminating, circulating, copying, selling, offering for sale or making available copies of the film or any other portion thereof, through WhatsApp or any other means or modes, that may infringe the Plaintiff’s copyright in the film. Further, the Defendant No. 9, is directed to forthwith suspend the WhatsApp accounts of Defendant Nos. 4 and 8 to ensure that the said Defendants cease the infringement of the Plaintiff’s copyright on WhatsApp. It is further directed that in the event the Plaintiff brings to the notice of Defendant No. 9, that any other WhatsApp account is being used for the purpose of selling infringing copies of the film, the Defendant No. 9 shall as expeditiously as possible, and not later than 24 hours from the receipt of the request from the Plaintiff, suspend such accounts.".The Court has also directed the Internet Service Providers to disclose the contact details of private individuals listed in the plaint so that further steps could be taken for effecting service of the summons..Senior Advocate Amit Sibal with Advocates Saikrishna Rajagopal, Sidharth Chopra, Sneha Jain, Thomas George, Savni D. Endlaw, Yatinder Garg, Snehima Jauhari, Sudarshana MJ, Rishabh Sharma, Saksham Dhingra, Aishvary Vikram appeared for the Plaintiff. .Read the order: